Legal Opinion

Michael Kuberski v. New York Central Railroad Company

Court of Appeals for the Second Circuit

Decided April 13, 1966No. 40, Docket 29412PublishedCited by 14 opinions

1Opinion of the Court

WATERMAN, Circuit Judge:

Chief Judge Lumbard, who joins with me in this opinion, and I are both of the belief that the plaintiff failed to prove any negligence on the part of the defendant railroad that contributed in any way to the plaintiff’s injury, and that the trial judge, after a jury verdict for the plaintiff, should have granted the railroad’s motion for a directed verdict and for judgment notwithstanding the verdict.

Michael Kuberski, the plaintiff-appel-lee, had been employed by the defendant-appellant railroad since 1941 and had worked as a car inspector since 1942. One of the duties…

2Cases cited5 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
  3. The Tj HooperCourt of Appeals for the Second Circuit · 1932
  4. Moore v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1951
  5. Inman v. Baltimore & Ohio RailroadSupreme Court of the United States · 1959

3Cited by14 opinions

  1. John Mileski, an Infant Over the Age of 14 Years, by His Parent and Natural Guardian, Edward Francis Mileski v. The Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1974
  2. Robert T. Eaton v. The Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1968
  3. Union Marine & General Insurance v. American Export Lines, Inc.District Court, S.D. New York · 1966
  4. Michael W. Hurley v. Patapsco & Back Rivers Railroad Company, a Body CorporateCourt of Appeals for the Fourth Circuit · 1989
  5. John W. Lindauer v. The New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1969

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